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Thread: Bobby Wayne Stone - South Carolina Death Row

  1. #1
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    Bobby Wayne Stone - South Carolina Death Row


    Sergeant Charles Kubala




    Summary of Offense:

    Shortly before 7:00 p.m. on February 26, 1996, Ruth Griffith heard gunshots in her backyard. She called her next door neighbor, Landrow Taylor, who came over; the two called 911. As they waited in the living room, Griffith and Taylor heard someone come onto the screened porch on the side of the house and start banging on the door to the house. A wooden board which had been nailed over a broken window pane on the lower right-hand corner of the door broke out. Sumter police officer, Sergeant Charles Kubala arrived at 7:07 p.m.; he was motioned to the side of the house by Taylor. As Taylor and Griffith waited inside the house, they heard someone shout "Halt" or "Hold It" followed immediately by three or four gunshots. A second police officer arrived to find Kubala had been shot in the right ear and neck. Kubala died at the scene.

    After four hours of searching the wooded area behind Griffith's home, Stone was found lying beneath two fallen trees, with a .22 caliber pistol under him. A shotgun had been left on the screened porch. Stone confessed to the shooting, but claimed he had drank about twelve beers in the six hours prior to the shooting. He told police that when he heard a man's voice yelling at him from outside the screened porch, he turned and the gun went off, so he ran. The jury convicted Stone of murder, first degree burglary, and possession of a firearm during commission of a violent crime.

    Stone was sentenced to death in Sumter County on January 28, 1997 and, again, on February 27, 2005.

  2. #2
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    After having his death sentence overturned on direct appeal by the South Carolina Supreme Court in 2002, Stone was subsequently re-sentenced to death. This second death sentence was upheld by the South Carolina Supreme Court in 2007.

    http://www.judicial.state.sc.us/opin...m?caseNo=25494

    http://caselaw.findlaw.com/sc-suprem...t/1388852.html

  3. #3
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    An evidentiary hearing on his application for post-conviction relief is scheduled for the spring of 2011.

    http://www.lawschool.cornell.edu/res...inic-Cases.cfm

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    BOBBY WAYNE STONE v THE STATE OF SOUTH CAROLINA

    Court: South Carolina Supreme Court

    Opinion Date: February 08, 2017

    Bobby Stone shot and killed Charlie Kubala of the Sumter County Sheriff's Office. Stone filed an application for post-conviction relief (PCR) alleging he received ineffective assistance of counsel. The PCR court denied relief. Stone filed a petition for a writ of certiorari, which was granted as to three sets of issues: (1) whether Stone's trial and appellate counsel were ineffective in dealing with victim impact evidence; (2) whether Stone's trial counsel was ineffective in investigating and presenting evidence of brain damage; and (3) whether Stone's trial counsel was ineffective in investigating and presenting evidence of the accident theory of the case. Finding trial and appellate counsel's performance was reasonable in almost every respect, the Supreme Court affirmed: counsel's performance did not meet an objective standard of reasonableness, and thus was deficient under the first prong of "Strickland." However, as to each of these failures, Stone did not prove a reasonable probability the outcome would have been different as required by the second prong.
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    STONE v SOUTH CAROLINA

    Opinion Date: March 29, 2017

    Court: South Carolina Supreme Court

    Bobby Stone shot and killed Charlie Kubala of the Sumter County Sheriff's Office. After the Supreme Court affirmed his murder conviction and death sentence, Stone filed an application for post-conviction relief (PCR) alleging he received ineffective assistance of counsel. The PCR court denied relief. Finding no reversible error in the PCR court's judgment, the Supreme Court affirmed.
    An uninformed opponent is a dangerous opponent.

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    Administrator Aaron's Avatar
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    On May 11, 2017, Stone filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/so...cv01221/235519
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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Stone's petition for certiorari.

    Lower Ct: Supreme Court of South Carolina
    Case Numbers: (2013-001968)
    Decision Date: March 29, 2017

    https://www.supremecourt.gov/search....c/17-5756.html

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    South Carolina's first execution in 6 years set for Dec. 1

    COLUMBIA, S.C. (AP) - South Carolina has scheduled its first execution in more than six years.

    The State Department of Corrections said Friday it had received an order from the state Supreme Court setting a Dec. 1 execution date for 52-year-old Bobby Wayne Stone.

    Stone has been on the state's death row for 20 years for the 1996 murder of Sumter County Sheriff's Sgt. Charlie Kubala.

    Stone admitted he shot Kubala as the officer responded to a call in February 1996, but he said the shooting was accidental.

    South Carolina uses lethal injection as its execution method, although inmates have the choice to opt for electrocution.

    The state's protocol requires three drugs. Other states have gone to using a single drug.

    South Carolina hasn't carried out an execution since 2011.

    http://www.wsoctv.com/news/south-car...ec-1/649390781

    I'm honestly not sure if this can be expected to proceed.
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  9. #9
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Is this a serious date or no?

  10. #10
    Senior Member CnCP Addict johncocacola's Avatar
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    Doesn't appear so. He apparently hasn't finished in federal court yet.

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